Chapman v. Hogg
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Eon. J. G. Sheppard, Judge. Defendant’s set-off being based upon a mutual, open and current account, embracing reciprocal demands between the parties, was not barred by the five-year Statute of Limitations, for the reason that the last item on the account was May 4, 1907, within five years of the time of filing the set-off. R. S. 1899, sec. 4278; Chadwick v. Chadwick, 115 Mo. 581; Gibson & Bro. v. Jenkins, 97 M'o.
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Appeal from Butler Circuit Court. — Eon. J. G. Sheppard, Judge. Defendant’s set-off being based upon a mutual, open and current account, embracing reciprocal demands between the parties, was not barred by the five-year Statute of Limitations, for the reason that the last item on the account was May 4, 1907, within five years of the time of filing the set-off. R. S. 1899, sec. 4278; Chadwick v. Chadwick, 115 Mo. 581; Gibson & Bro. v. Jenkins, 97 M'o. App. 27; Moore v. Renick, 95 Mo. App. 209; Beeler v. Finnel, 85 Mo. App. 438; Ring v. Jamison, 66 Mo. 424; Coal Co. v. Steamboat. Colonia, 36 Mo.…
1Opinion of the CourtReynolds, P. J.
(after stating the facts). — We are unable to distinguish this case in any of its phases from that of Loeffel v. Hoss, 11 Mo. App. 133. Commencing an account for án ordinary butcher’s or mar-ketman’s bill in January, 1892, the transactions between appellant and respondent ran along until the *659ninetieth of November, 1902. Counsel for appellant and respondent both set out in their statements filed in the case, that the last item in the account prior to the item of February 27, 1907, was September 20, 1902. They are not borne out in this by the account filed, for the last item contained in that…
2Cases cited2 opinions
- Chadwick v. ChadwickSupreme Court of Missouri · 1893
- Loeffel v. HossMissouri Court of Appeals · 1881
3Cited by4 opinions
- Arthur & Co. v. BurkeWashington Supreme Court · 1915
- Bowman v. SheltonMissouri Court of Appeals · 1913
- Mabary v. MabaryMissouri Court of Appeals · 1913
- McGrath v. O'HareMissouri Court of Appeals · 1913